Legal Opinion

Butterfield v. State

Court of Criminal Appeals of Texas

Decided April 21, 1999No. 881-98PublishedCited by 23 opinions

1Opinion of the Court 1

*449 OPINION

2Opinion of the Court · KeaslerKeasler, J.

in which McCORMICK, P.J., MANSFIELD, KELLER, PRICE, HOLLAND, and WOMACK, J.J., joined.

Tommy Butterfield’s stepdaughter was sexually assaulted, and Butterfield was a suspect. The State sought temporary custody of the child but she was missing. At a healing held to find the child, Butterfield was asked about her whereabouts. He invoked his Fifth Amendment privilege against self-incrimination, but the judge ordered him to answer the questions. We are asked to decide whether the State may use Butterfield’s statements at that hearing against him in a perjury prosecution. We hold that it…

3Cases cited15 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Kastigar v. United StatesSupreme Court of the United States · 1972
  3. Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
  4. United States v. MandujanoSupreme Court of the United States · 1976
  5. United States v. ApfelbaumSupreme Court of the United States · 1980

10 more not listed; retrieve them via the Exa API.

4Cited by23 opinions

  1. Martinez v. StateCourt of Criminal Appeals of Texas · 2002
  2. Ripkowski v. StateCourt of Criminal Appeals of Texas · 2001
  3. Taylor v. State, Texas Court of Appeals, 6th District (Texarkana)2000
  4. In re B.WCourt of Appeals of Texas · 2008
  5. State v. RutherfordCourt of Appeals of Texas · 1999

18 more not listed; retrieve them via the Exa API.

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